Who will pay: Flooded road raises questions of responsibility

Homeowners surprised to learn they, and not the county or DOT, have to pay to fix storm drains

By Tim Buckland StarNews Staff

NEW HANOVER COUNTY -- Every time it rains, Wendover Lane in Middle Sound turns into a small pond.

"It can drizzle for 15 minutes and it will build up," Billy Stanton of 216 Wendover Lane said last week while standing over a storm drain completely clogged with mud and leaves.

"When we get a hard rain, what normally will happen is this whole area will be under water," said Paul Passante, who lives just off of Wendover Lane on Liston Court.

Government officials and homeowners know why -- a storm drain pipe is being blocked by a root and a buildup of silt and sediment.

The "why" isn't the problem.

The problem has been identifying who is responsible to fix it.

New Hanover County officials, citing an ordinance adopted in 2000, have told Larry and Joni Barnes of 220 Wendover Lane that the blockage is in a part of the drain pipe on an easement on their property, meaning they have to take care of it.

"It is up to private property owners," said Jim Iannucci, the county's director of engineering.

The couple refused, saying they were never told when they purchased the home that they would have to maintain a drain pipe -- something they believed should be handled by utility or government entities.

"It is unfair," Larry Barnes said. "What really disturbs me is that the county is saying one individual homeowner is responsible for this and we have no control over it."

Updated regulations

The Barnes family is not alone, Iannucci said. Each year, about 200 homeowners in the county find out they have to repair a drain pipe or patch of road. The problem is most acute, he said, in areas of the county developed prior to codes passed in the early 2000s that required developers to build roads and storm drain systems to government standards.

Many roads, especially in northern parts of the county, were built by private developers and, when they deteriorate or storm drains fail, homeowners are often surprised to learn that the road isn't maintained by the N.C. Department of Transportation (DOT) or another government entity, Iannucci said.

County officials are sympathetic and "want to work with" homeowners when repairs are needed, he said.

"These folks have no idea that the roads were not taken over. They're not used to dealing with or paying for these things at all," Iannucci said. "When you're buying a house, you sometimes don't even know that pipe is there."

That's why the county updated its codes.

"Now, when you build a road, you have to build its (depth) to DOT standards," Iannucci said. "Since 2000, any new neighborhood has to meet storm water control standards."

But those codes were 10 years too late for Wendover Lane -- the Barneses purchased their home in 1990.

"We were told we would be responsible for maintaining access so utilities could make repairs," Joni Barnes said. "We were never informed that we were responsible for underground piping."

Iannucci said the county will hire a contractor to clear the storm drain, saying it is creating a public nuisance, at a cost Larry Barnes said would be $800 to $1,000.

"They can either pay the bill or it gets placed as a lien on their property," Iannucci said.

Larry Barnes said they will continue to fight.

"If they put a lien on our property, we'll hire an attorney," he said.

Reporter Tim Buckland can be reached at 910-343-2217 or Tim.Buckland@StarNewsOnline.com.